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1977-004NO 77 AN ORDINANCE AMENDING THE ZONING ORDINANCE (ORDINANCE NO 69-1) OF THE CODE OF ORDINANCES OF THE CITY OF DENTON, TEXAS BY AMEND- ING CERTAIN ARTICLES, PROVIDING FOR A SEVERABILITY CLAUSE, AND DECLARING AN EFFECTIVE DATE THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS PART I That Zoning Ordinance (Ordinance No 69-1) of the Code of Ordinances of the City of Denton, Texas, is hereby amended and changed in the following particulars (1) Article 12A (23) is hereby deleted and amended by adding a new (23) "Home Occupations" which shall hereafter read as follows 11(23) Home Occupation - Any occupation or activity which is clearly incidental and secondary to the use of the pre- mise for dwelling purposes and is not detrimental to the enjoyment of adjoining property A home occupation is an occupation carried on in the main structure, by a member of the occupant's family without the employment of additional persons, and without the use of a sign to advertise A home occupation specifically excludes the operation of a carpenter's, electrician's, or a painter's shop or similar contractor's shop, an appliance, auto- mobile or furniture repair shop or similar repair shop, a barber or beauty shop, a storage or distribution ware- house, a sign shop and any form of on premise merchan- dising activity A home occupation also excludes a doctor's office or similar office that depends upon sub- stantial client traffic to the premise " (2) Article 13E (2) (g) is hereby deleted and amended by add- ing a new Subsection (g) which shall hereafter read as follows "(g) The Minimum Front Yard setback in a Planned Development District shall be established by the final plan " (3) Article 13F (2) (g) is hereby deleted and amended by add- ing a new Subsection (g) which shall hereafter read as follows "(g) The Minimum Side Yard setback in a Planned Development District shall be established by the final plan " (4) Article 13F (2) (h) is hereby deleted and amended by add- ing a new Subsection (h) which shall hereafter read as follows "(h) No side yard is specified for non-residential use in the 0, NS, GR, C, CB, LI, and HI Districts except where a non-residential use abuts upon a district boundary line dividing such districts from a resi- dential district or when the side yard is adjacent to the street in which event a ten (10) foot side yard shall be provided " (5) Article 13G (d) is hereby deleted and amended by adding a new Subsection (d) which shall hereafter read as follows "(d) The mimimum rear yard setback in a Planned Development district shall be established by the final plan " (6) Article 15A (16) is hereby deleted and amended by adding a new Subsection (16) which shall hereafter read as follows 11(16) PD, Planned Development District Parking standard for dwell- ing units shall be estab- lished on the final plan " (7) Article 15B is hereby amended by adding a new Subsection (23) which shall hereafter read as follows 11(23) Day Nursery or Kindergarten - One space for each employee and one space for each ten (10) children A circular drive that will adequately serve the same traffic load, approved by the traffic safety director, may be substituted for the required public parking " (8) Article 18A (3) is hereby deleted and amended by adding a new Subsection (3) which shall hereafter read as follows "(3) Rear Yard - There shall be a rear yard for accessory buildings not less than three (3) feet from any lot line, alley line or easement line, except that if no alley exists the rear yard shall not be less than ten (10) feet as measured from the rear lot line Where apartments are permitted, the main building and all accessory buildings shall not cover more than fifty (50) percent of the rear of the lot (that portion of the lot line to the rear of a line erected adjoining the mid-point of one side lot line with the mid-point of the opposite side lot line) " (9) Article 19 B is hereby deleted and amended by adding a new Section B "Location of Dwellings and Buildings" which shall hereafter read as follows "B Location of Dwellings and Buildings - Only one main building for one-family, two-family or multiple-family use with permitted accessory buildings may be located upon a lot or unplatted tract Every dwelling shall face or front upon a public street, or approved place, other than an alley, which means of access shall have a minimum width of thirty (30) feet Where a lot is used for retail, commercial, or industrial purposes, or a combination of the same, or for a combi- nation of these uses and dwelling purposes, for more than one main building may be located upon a lot or unplatted tract, but only when such building conforms to all the open space, parking and density requirements applicable to the uses and districts and when all such main buildings face upon a public street, other than an alley When such buildings do not face upon a public street, the same may be permitted when the site plan for the total development -2- b Is approved by the Planning and Zoning Commission No parking area, storage area, or required open space for one building shall be considered as satisfying the requirements for any other dwelling or use " PART II That if any section, subsection, paragraph, sentence, clause, phrase or word in this ordinance, or application thereof to any person or circumstances is held invalid by any court of competent ,jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance, and the City Council of the City of Denton, Texas, hereby declares it would have enacted such remaining portions despite any such invalidity PART III That this ordinance shall become effective fourteen (14) days from the date of its passage, and the City Secretary is hereby directed to cause the caption of this ordinance to be published twice in the Denton Record-Chronicle, the official newspaper of the City of Denton, Texas, within ten (10) days of the date of its pass- age PASSED AND APPROVED This the 18th day of January, A D 1977 f ELINOR HUGHES, YOR CITY OF DENTON, TEXAS ATTES 00 S HO T, I S CRETA Y CITY OF DENTON, TEXAS APPROVED AS TO LEGAL FORM 1AUL C ISHAM, CITY ATTORNEY CITY OF DENTON, TEXAS -3- u